AGENDA

Friday, October 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.

Room 201S, Bldg. E

12100 Park 35 Circle

Item 1. Docket No. 98-1090-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 98-1091-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 98-1093-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. No final action, decision, or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken


OLD BUSINESS AGENDA

Friday, October 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item carried forward from Agenda of September 10, 1998.
Item 1. Docket No. 98-0767-RUL. Consideration for publication of, and hearing upon, proposed new 30 TAC Chapter 116, Subchapter B, Section 116.135, concerning Public Notice Requirements for Concrete Batch Plants and Subchapter F, Section 116.622, concerning Concrete Batch Plants, an amendment to 30 TAC Chapter 116, Subchapter F, Section 116.614, concerning Standard Permit Fees, and the repeal of 30 TAC Chapter 106, Subchapter H, Section 106.201, concerning Permanent and Temporary Concrete Batch Plants, Section 106.202, concerning Temporary Concrete Batch Plants, and Section 106.203, concerning Specialty Batch Plants. If approved, the proposed new sections, amendments, and repeals will create a standard permit for all new concrete batch plants and consolidate existing regulations concerning concrete batch plants within that standard permit. (Beecher Cameron) (Rule Log No. 98005-116-AI)
Remand to Executive Director


AGENDA

Friday, October 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 1. Docket No. 98-1039-SLG. Application by Joe Frank Williams for sludge registration No. 710795 authorizing the beneficial land application of domestic septage. The site is located on 85 acres located within an approximate 350 acre site. The site is located adjacent to the east side of Old Georgetown Road, approximately 3 miles south of US Highway 84 and approximately 3 miles southwest of Gatesville in Coryell County. The Commission will consider the timely motions for reconsideration filed concerning the Executive Director's issuance of the registration. The motions for reconsideration were filed under 30 TAC 50.39 and 312.13(e). The Chief Clerk mailed the approved registration on August 5, 1998. (Anthony Tatu)
Deny Motion for Reconsideration with changes to order as recommended, RM/JB. All Commissioners Agree
Item 2. Docket No. 98-1233-SIP. Consideration for publication of and hearing upon the proposed State Implementation Plan (SIP) concerning the Attainment Demonstration for the Dallas/Fort Worth Ozone Nonattainment Area. (Brian Foster) (Rule Log No. 98046-SIP-AI)
Approve Publication and Hearing, RM/BM. All Commissioners Agree
Rules
Item 3. Docket No. 98-1185-RUL Consideration for adoption of new 30 Texas Administrative Code (TAC) Chapter 7, Section 7.118; amendments to Chapter 305, Section 305.521; new Chapter 331, Section 331.16; amendments to Chapter 336, Section 336.11; and amendments to Texas Department of Health 25 TAC Section 289.101, concerning Memorandum of Understanding Between the Texas Department of Health and the Texas Natural Resource Conservation Commission Regarding Radiation Control Functions. The adopted memorandum of understanding and related actions further implement the Senate Bill 1857 transfer of jurisdiction over the licensing authority for the recovery and processing of source material and disposal of by-product material from the commission to the Texas Department of Health. The proposed rules were published in the August 21, 1998 issue of the Texas Register (23 TexReg 8651-8658). (Kathy Vail) (Rule Log No. 97172-007-WS).
Continued to November 4, 1998 per General Counsel
Item 4. Docket No. 98-0418-RUL. Consideration for adoption of new 30 TAC Chapter 35, concerning Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions, and revisions to the State Implementation Plan; and for adoption of amendments to 30 TAC Chapter 116, concerning Control of Air Pollution by Permits for New Construction or Modification, and revisions to the State Implementation Plan; 30 TAC Chapter 291, concerning Water Rates; 30 TAC Chapter 297, concerning Water Rights, Substantive; 30 TAC Chapter 305, concerning Consolidated Permits; 30 TAC Chapter 321, concerning Control of Certain Activities by Rule; and 30 TAC Chapter 334, concerning Underground and Aboveground Storage Tanks. The primary purpose of the new chapter and amendments is to consolidate the commission rules concerning emergency and temporary orders. This action is part of the commission's implementation of Senate Bills 1 and 1876, 75th Legislature, 1997. The proposed rules were published in the July 3, 1998, issue of the Texas Register (23 TexReg 6899). (Robin Smith) (Rule Log No. 97142-035-AD).
Continued to Nov 4, 1998 per General Counsel
Item 5. Docket No. 98-1160-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 115, Subchapter B, Sections 115.122, 115.123, and 115.126, concerning Control of Air Pollution from Volatile Organic Compounds, General Volatile Organic Compound Sources, Division 2: Vent Gas Control; and 30 TAC Chapter 115, Subchapter E, new Section 115.440, and amendments to Sections 115.443, 115.446, and 115.449, concerning Solvent-Using Processes, Division 4: Offset Lithographic Printing; and for revisions to the State Implementation Plan. This proposal would revise the vent gas rule by: 1) lowering the applicability threshold from 100 tons per year (TPY) to 50 TPY for bakeries in the Dallas/Fort Worth (DFW) ozone nonattainment area, and 2) prohibiting the banking of emission reductions in the 30%-90% range for major source bakeries in the Houston/Galveston (HGA), DFW, and El Paso areas. The proposal would also revise the offset lithographic printing rule by implementing the rule requirements for sources with emissions at or above 50 TPY in the DFW ozone nonattainment area. (Ann Hammer) (Rule Log No. 98045-115-AI).
See Item #11
Item 6. Docket No. 98-1088-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 116, Section 116.12, concerning Nonattainment Review Definitions and Section 116.150, concerning New Major Source or Major Modification in Ozone Nonattainment Areas; and revisions to the State Implementation Plan concerning the amendments. The proposed rule changes would restore nonattainment new source review requirements for nitrogen oxides in the Dallas/Fort Worth ozone nonattainment area. (Randy Hamilton) (Rule Log No. 98029-116-AI)
Approve Publication of Hearing, RM/BM. All Commissioners Agree
Item 7. Docket No. 98-1193-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC Chapter 117, Subchapter A, concerning Definitions, Subchapter B, concerning Combustion at Existing Major Sources, Subchapter D, concerning Administrative Provisions, and Subchapter E, concerning Gas-Fired Steam Generation; and revisions to the State Implementation Plan (SIP) concerning the amendments. The changes would clarify certain control, testing, monitoring, recordkeeping, reporting, and compliance schedule requirements applicable to major existing sources of nitrogen oxides in the Houston/Galveston (HGA) and Beaumont/Port Arthur (BPA) ozone nonattainment areas. The proposed changes would also extend the Chapter 117 requirements to the Dallas/Fort Worth (DFW) ozone nonattainment area. (Randy Hamilton) (Rule Log Nos. 98025-117-AI and 98030-117-AI)
See Item # 12
Item 8. Docket No. 98-0528-RUL. Consideration for adoption of new 30 TAC Chapter 33, concerning Consolidated Permit Processing; and for adoption of amendments to 30 TAC Chapter 39, concerning Public Notice. The primary purpose of the new chapter and amendments is to implement the consolidated permit processing provisions of Texas Water Code, Section 5.401 et. seq. The proposed rules were published in the July 17, 1998 issue of the Texas Register (23 TexReg 7347). (Dan Wittliff) (Rule Log No. 97170-033-AD).
Approve Adoption of Rules, JB/RM. All Commissioners Agree
EXECUTIVE SESSION
Item 9. Docket No. 98-1156-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 10. Docket No. 98-1157-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. No final action, decision, or vote with regard to any matter considered in closed session shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.) (PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


ADDENDUM TO AGENDA

Friday, October 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 11. Docket No. 98-1160-RUL. Consideration for publication of, and hearing upon, proposed amendments to 30 TAC Chapter 115, Subchapter B, Sections 115.122, 115.123, and 115.126, concerning Control of Air Pollution from Volatile Organic Compounds, General Volatile Organic Compound Sources, Division 2: Vent Gas Control; and 30 TAC Chapter 115, Subchapter E, new Section 115.440, and amendments to Sections 115.443, 115.446, and 115.449, concerning Solvent-Using Processes, Division 4: Offset Lithographic Printing; and for revisions to the State Implementation Plan (SIP). The proposed rules would revise the vent gas rule by lowering the applicability threshold from 100 tons per year (TPY) to 50 TPY for bakeries in the Dallas/Fort Worth ozone nonattainment area; prohibiting the banking of emission reductions in the 30%-90% range for major source bakeries in the Houston/Galveston, Dallas/Fort Worth, and El Paso areas; and revise the offset lithographic printing rule by implementing the rule requirements for sources with emissions at or above 50 TPY in the Dallas/Fort Worth ozone nonattainment area. The proposed rules would also revise the vent gas rule by requiring that owners or operators of control equipment maintain information on how the design standard and operation of equipment meets the emission specifications and control requirements; state that records of appropriate operating parameters must be kept for types of vapor controls not specifically listed in the rule; and specify exhaust gas temperature monitoring of vapor combustors, with an option that the owner or operator of an existing vapor combustor may consider it to be a flare and monitor the unit under the flare requirements specified in 40 Code of Federal Regulations 60.18 and 30 TAC Chapter 111. Finally, the proposed rules would revise terminology in response to revised Texas Register rules and for consistency with the commission's style guidelines. (Ann Hammer) (Rule Log No. 98045-115-AI).
Approve Publication and Hearing, RM/BM. All Commissioners Agree


SECOND ADDENDUM TO AGENDA

Friday, October 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 12. Docket No. 98-1193-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC Chapter 117, Subchapter A, concerning Definitions, Subchapter B, concerning Combustion at Existing Major Sources, Subchapter D, concerning Administrative Provisions, and Subchapter E, concerning Gas-Fired Steam Generation; and revisions to the State Implementation Plan (SIP) concerning the amendments. The changes would clarify certain control, testing, monitoring, recordkeeping, reporting, and compliance schedule requirements applicable to major existing sources of nitrogen oxides in the Houston/Galveston (HGA) and Beaumont/Port Arthur (BPA) ozone nonattainment areas. The proposed changes would also extend the Chapter 117 requirements to the Dallas/Fort Worth (DFW) ozone nonattainment area. (Randy Hamilton) (Rule Log Nos. 98025-117-AI and 98030-117-AI)
See Item # 13


THIRD ADDENDUM TO AGENDA

Friday, October 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 13. Docket No. 98-1193-RUL. Consideration for publication of and hearing on proposed amendments to 30 TAC Chapter 117, Subchapter A, concerning Definitions, Subchapter B, concerning Combustion at Existing Major Sources, Subchapter D, concerning Administrative Provisions, and Subchapter E, concerning Gas-Fired Steam Generation; and revisions to the State Implementation Plan concerning the amendments. The changes would clarify certain applicability, exemption, control, testing, monitoring, recordkeeping, reporting, and compliance schedule requirements applicable to major existing sources of nitrogen oxides in the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment areas. The proposed changes would also extend the proposed amended Chapter 117 requirements to the Dallas/Fort Worth ozone nonattainment area. (Randy Hamilton) (Rule Log Nos. 98025-117-AI and 98030-117-AI)
Approve Publication and Hearing, RM/BM. All Commissioners Agree


FOURTH ADDENDUM TO AGENDA

Friday, October 23, 1998

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.

Room 201S, Bldg E.

12100 Park 35 Circle

Item 14. Docket No. 98-1291-UCR. Consideration of an Emergency Order requiring the City of Brackettville to provide a temporary emergency interconnection for the provision of continuous and adequate water service to the City of Spoffort in Kinney County; pursuant to Chapter 13 of the Texas Water Code and the rules of the Texas Natural Resource Conservation Commission. The Emergency Order is necessary to provide the delivery of water to approximately forty families within the City of Spofford. (Maria Sanchez/Doug Holcomb)
Approve Emergency Order, BM/JB. All Commissioners Agree.